Garver

MEMORANDUM *

Andrew Garver appeals his sentence. He pled guilty to knowingly traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor, in violation of 18 U.S.C. § 2423 (b). The plea agreement recommended a sentencing guideline range of forty-six to fifty-seven months’ imprisonment. The District Court sentenced Garver to seventy-one months based on facts proved by a preponderance of the evidence that showed Garver’s victim to be unusually vulnerable.

Garver makes four claims: (1) the retroactive application of United States v. Booker 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), to his sentence violated ex post facto principles; (2) due process required the District Court to find proved beyond a reasonable doubt any fact it relied upon in sentencing Garver; (3) the District Court violated due process by breaching Garver’s plea agreement because it failed to require proof beyond a reasonable doubt of the facts used to enhance Garver’s sentence; and (4) the District Court erred by applying the vulnerable victim enhancement to Garver’s sentence.

We reject all of Garver’s contentions and affirm the District…